Understanding Simplified Dissolution of Marriage in Florida
Introduction
Divorce can be a complex and emotionally taxing process, but Florida law provides an easier and faster option for certain couples through a simplified dissolution of marriage. This streamlined procedure allows spouses to end their marriage without extensive litigation, provided they meet specific eligibility requirements.
This guide explains the simplified dissolution of marriage process in Florida, including eligibility criteria, procedural steps, and potential limitations.
What Is a Simplified Dissolution of Marriage?
A simplified dissolution of marriage is a faster, more cost-effective alternative to a traditional divorce. It allows couples to dissolve their marriage without a trial, formal discovery, or extended court hearings.
This process is designed for couples who agree on all major issues and do not need the court to intervene in property, support, or custody disputes.
Who Qualifies for a Simplified Dissolution of Marriage in Florida?
Under Florida Family Law Rule of Procedure 12.105, spouses must meet the following eligibility criteria to qualify for a simplified dissolution:
- Both spouses agree to use the simplified process
- No minor or dependent children were born of the marriage, and the wife is not currently pregnant
- At least one spouse has lived in Florida for six months before filing for divorce
- Both parties agree on the division of assets and debts
- Neither spouse is requesting alimony
- Both spouses waive their right to a trial and appeal
If a couple does not meet these requirements, they must file for a regular dissolution of marriage instead.
Steps to File for a Simplified Dissolution of Marriage in Florida
If a couple qualifies for a simplified dissolution, they must follow these procedural steps:
1. File a Joint Petition for Simplified Dissolution of Marriage
- Both spouses must sign and file Form 12.901(a), Petition for Simplified Dissolution of Marriage, in the circuit court of the county where either spouse resides.
- A filing fee (typically around $400) must be paid to the court.
2. Complete and File Financial Affidavits
- Both parties must submit a financial affidavit (Form 12.902(b) or (c)).
- Unlike traditional divorces, formal financial discovery (such as subpoenas or depositions) is not required.
3. Attend a Final Hearing
- Both spouses must attend a court hearing to finalize the divorce.
- A judge will review the petition and ensure all legal requirements have been met.
- If everything is in order, the judge will sign the Final Judgment of Simplified Dissolution of Marriage (Form 12.990(a)).
4. Receive the Final Divorce Decree
- Once the judge signs the final judgment, the marriage is legally dissolved.
- The divorce is final immediately upon the judge’s signature—there is no waiting period.
Advantages of a Simplified Dissolution of Marriage
For eligible couples, a simplified dissolution offers several benefits:
- Faster resolution – The process can be completed in as little as 30 days, whereas traditional divorces may take months or longer.
- Lower costs – Since there are no trials, formal discovery, or extended legal disputes, attorney fees and court costs are significantly reduced.
- Less stress and conflict – Because both spouses agree on all terms, the process is typically more amicable.
- Minimal court involvement – Only one short hearing is required to finalize the divorce.
These benefits make a simplified dissolution an attractive option for couples seeking an efficient and low-conflict divorce.
Limitations and Considerations
Despite its advantages, a simplified dissolution of marriage is not suitable for all couples. Key limitations include:
- No child-related disputes – If the couple has minor children, they must use the regular divorce process to establish custody, child support, and parenting plans.
- No alimony requests – If either spouse wants financial support, they cannot use the simplified procedure.
- No appeals or trials – Both parties must waive their right to appeal, meaning they cannot challenge the divorce agreement later.
- Both spouses must appear in court – Unlike some traditional divorces where attorneys can represent parties, both spouses must personally attend the final hearing.
If there are complex financial issues, child custody concerns, or disputes over assets, a regular dissolution of marriage may be the better option.
Can a Simplified Dissolution Be Converted to a Regular Divorce?
Yes. If, at any point before the final hearing, one spouse changes their mind or disputes an issue, they can file a motion to convert the case to a regular dissolution of marriage. This will allow for:
- Formal discovery of financial records
- Court involvement in property and debt division
- Child custody, support, or alimony considerations
Once the final judgment is signed, however, the divorce cannot be undone or appealed.
How a Family Law Attorney Can Help
Even in a simplified dissolution, consulting with a family law attorney can help ensure that all legal requirements are met. An attorney can:
- Review the divorce agreement to ensure fairness.
- Assist with financial disclosures to prevent mistakes or omissions.
- Prepare court documents correctly to avoid delays.
- Advise on alternative legal options if disputes arise.
At Bonderud Law, we help couples navigate both simplified and traditional divorce proceedings to achieve fair and legally sound outcomes. If you need guidance on whether a simplified dissolution is right for you, contact us today for a free consultation.
Conclusion
A simplified dissolution of marriage offers a quick, cost-effective, and low-stress way to divorce for couples who meet the legal requirements. However, it is not appropriate for cases involving child custody, alimony, or financial disputes. Before proceeding, spouses should carefully review their financial situation and legal options to determine whether the simplified process is the best choice.
If you are considering a divorce in Florida and want to explore your best legal options, consulting with an experienced family law attorney can help ensure a smooth and fair resolution.
